Search Results

1. [2017] NZEmpC 23 Domingo v Suon and Heng (t-a Town and Country Food) [pdf, 178 KB]

   ...what Mr Meyrick says, it follows that the default has been deliberate. If the defendant disagreed with the outcome of the Authority’s original or subsequent determination, it could have filed a challenge and tested its interpretation of the law. The fact that it may harbour strong beliefs about the Authority’s conclusions, and the basis for the orders made against it, is not atypical in situations such as this and does not, in my view, tell against the imposition of a...

2. LCRO 112/2019 EQ v XD (30 July 2021) [pdf, 162 KB]

   LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2021] NZLCRO 120 Ref: LCRO 112/2019 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN EQ Applicant AND XD Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr EQ has a

3. [2023] NZEmpC 30 Goldie v Chief Executive of the Department of Corrections [pdf, 219 KB]

   ...In that, I agree with Chief Judge Colgan in Davies v Dove Hawkes Bay Inc.9 As noted in Davies, while leave to appeal the Employment Court’s decision in Melville was declined, the Court of Appeal said that it could not accept, as a matter of law, that there must always 7 Melville v Air New Zealand Ltd [2010] NZEmpC 87, (2011) 9 NZELC 93,700 at [33]. 8 At [34]. 9 Davies v Dove Hawkes Bay Inc [2013] NZEmpC 83, [2013] ERNZ 191 at [21]. be an express instruction by the...

4. MC v BL [2013] NZIACDT 8 (28 February 2013) [pdf, 134 KB]

   ...reliance on that advice Mr MC, in an email of 3 June 2011, withdrew the second application. [18] Mr MC has since ascertained that contrary to Ms BL’s advice, when he withdrew his application, his visa ceased to be valid, and he was in New Zealand unlawfully. [19] Mr MC was concerned that Immigration New Zealand would take the view he had not acted responsibly; whereas in fact he had provided accurate information, relied on Ms BL’s advice, and instructed her in good time to ensure th...

5. [2021] NZACC 39 - Gupta v ACC (19 February 2021) [pdf, 215 KB]

   ...2019, the Reviewer dismissed the review, on the basis that Ms Gupta’s symptoms and incapacity in June 2019 were not related to an injury caused by the December 2016 accident. [58] On 24 February 2020, a Notice of Appeal was lodged. Relevant law [59] Section 103(2) of the Accident Compensation Act 2001 Act (“the Act”) sets out the test for incapacity in relation to entitlements to weekly compensation: The question that the Corporation must determine is whether the claimant...

6. [2021] NZACC 96 – Prater v ACC (6 July 2021) [pdf, 237 KB]

   ...there is no medical analysis of causal inquiry. [78] In my opinion, whether the covered injuries have been spent or not has been obscured by the evidence of specialists grappling with diagnoses. [79] Judge Powell, in Rodgers, discussed the case law on suspension of entitlements, noting ss 67, 68 and 70 of the Act together set out the parameters for the provisions of entitlements: 6 [12] This is important. As Mr Thompson on behalf of Ms Rogers correctly noted in his supplementa...

7. [2019] NZEnvC 038 Hawke's Bay Fish & Game Council v Hawke's Bay Regional Council [pdf, 277 KB]

   ...jurisdiction under s293 should be only exercised cautiously and sparingly. The court referred to findings in its First Decision, and found it would be inappropriate to reject the appeal and confirm the Decision Version in toto. The court found that flaws in the public notification of PC5 favoured an approach that confined any RRMP changes, by this appeal, to the RPS component of the RRMP. The court found that modifying the meaning of 'wetland' for the RPS component, such as...

8. CAC20002 v Gollins [2015] NZREADT 2 [pdf, 178 KB]

   ...the word. But s 73(a) qualifies the ordinary meaning by reference to the reasonable regard of agents of good standing or reasonable members of the public.” [32] At [57] the Tribunal said: “The reasonable person is a legal fiction of common law representing an objective stand against which individual conduct can be measured under s 73. That reasonable person is to be qualified to be an agent of good standing or a member of the public.” [33] At [59] the Tribunal concluded the T...

9. Ram v Tan [2017] NZIACDT 18 (26 September 2017) [pdf, 243 KB]

   ...Registrar of Immigration Advisers Registrar BETWEEN Salesh Ram Complainant AND Wei-Xiang Shawn (Shawn) Tan Adviser DECISION (IMPOSING SANCTIONS) REPRESENTATION: Registrar: Mr M Denyer, lawyer, MBIE, Auckland. Complainant: In person. Adviser: In person. Date Issued: 26 September 2017 2 DECISION The decision in this case [1] This decision makes the following orders against Mr Tan in relat...

10. [2019] NZEmpC 147 Baker v Hauraki Rail Trail Ltd [pdf, 273 KB]

    ...the plaintiff seeks the following relief or remedy: 1. A determination that the second and third defendant are included as defendants in the re-opening of the investigation. 2. That the third respondent is subjected to the penalties applied by law for providing false testimony and subverting the course of justice for continued personal gain. [7] Since the hearing, Ms Baker has sought leave to file an amended statement of claim. This is an endeavour to have the Court reconsider an...